Minutes of Ordinary Council Meeting - 19 00 2019...Karen Brown – Governance Coordinator Bayside...

Ordinary

Meeting of

Council

Council Chambers

Civic Centre

Boxshall Street Brighton

Tuesday 19 November 2019 at 7pm

Minutes

Bayside City Council Ordinary Council Meeting - 19 November 2019

Page No. 2

PRESENT:

Chairperson: Councillors:

Cr Clarke Martin (Mayor) Cr Sonia Castelli Cr Alex del Porto Cr Laurence Evans OAM Cr Rob Grinter (Deputy Mayor) Cr Michael Heffernan Cr James Long BM JP

Officers: Mick Cummins – Chief Executive Officer

Jill Colson – Director Corporate Services Bryce Craggs – Director Community and Customer Experience Hamish Reid – Director City Planning and Amenity Steven White – Director Environment, Recreation and Infrastructure Terry Callant – Manager Governance and Corporate Reporting Karen Brown – Governance Coordinator


Page No. 3

Table of Contents

1. Prayer

2. Acknowledgement of Original Inhabitants

3. Apologies

4. Disclosure of any Conflict of Interest of any Councillor

5. Adoption and Confirmation of the minutes of previous meeting

6. Public Question Time

7. Petitions to Council

7.1 Petition to Declare a Climate Emergency and respond with an approproate Action Plan ............................................................ 13

7.2 Petition to Save Beaumaris Art Group Studios .......................... 14

8. Minutes of Advisory Committees

8.1 Assembly of Councillors Record ................................................ 15

9. Reports by Special Committees

9.1 Minutes of the Special Committee of Council held on 22 October 2019 to Hear Submissions in relation to: Intention to Lease North Point Café (2b North Road, Brighton) ........................................ 16

10. Reports by the Organisation

10.1 Proposal to redevelop and enter into a 21 year lease at Ricketts Point Tea House, Beaumaris ..................................................... 19

10.2 Proposal to enter into a 20 year lease over the Mini Golf facility at 20 Wangara Road Sandringham ............................................... 20

10.3 Proposal to redevelop and enter into a 21 year lease at Northpoint Cafe, Brighton ........................................................................... 21

10.4 Mid-Century Modern Heritage Voluntary Nomination Process .. 22

10.5 Response to Notice of Motion 286 - Undergrounding of Powerlines .................................................................................................. 24

10.6 Proposal to demolish the buildings associated with the old golf course at elsternwick park nature reserve ................................. 25

10.7 Council’s Commitment to Zero Avoidable Single Use Plastics in all Council Owned Properties ......................................................... 26

10.8 Towards Carbon Neutrality using Carbon Offsets ..................... 27


Page No. 4

10.9 Response to Notice of Motion 282 - Roundabout Works at Church, St Andrews, Bay and Cochrane Streets, Brighton ..................... 28

10.10 Domestic Animal Management Plan Annual Progress Report .. 29

10.11 Foreshore Parking Permit Policy Periodic Review .................... 30

10.12 CONTRACT 111207A - Extension of Hard Waste Collection Contract - Selkrig Enterprises Pty Ltd ....................................... 31

10.13 CONTRACT CON/19/79 Construction of AW Oliver Reserve Pavilion ...................................................................................... 32

10.14 CONTRACT CON/19/81 Destructor Reserve Pavilion Redevelopment Construction .................................................... 33

10.15 2019/2020 - July-September 1st Quarter Performance Report . 34

10.16 Council Action Awaiting Report ................................................. 35

11. Reports by Delegates

12. Urgent Business

13. Notices of Motion

14. Confidential Business

14.1 Minutes of the Chief Executive Officer's Employment Matters Committee held on 21 October 2019 ......................................... 37


Page No. 5

The Mayor declared the meeting open at 7pm and advised members of the public gallery that the Council meeting is being recorded and streamed live on the internet to enhance the accessibility of Council meetings to the broader Bayside Community.

The Mayor invited Cr Heffernan to read the prayer.

1. Prayer

Cr Heffernan read the prayer at the commencement of the meeting.

O God Bless this City, Bayside, Give us courage, strength and wisdom, So that our deliberations, May be for the good of all, Amen

2. Acknowledgement of Original Inhabitants

The Mayor invited Cr Castelli to read the acknowledgement of the original inhabitants of this land.

We acknowledge that the original inhabitants of this land that we call Bayside were the Boon Wurrung people of the Kulin nation.

They loved this land, they cared for it and considered themselves to be part of it.

We acknowledge that we have a responsibility to nurture the land, and sustain it for future generations.

3. Apologies

There were no apologies submitted to the meeting.

4. Disclosure of any Conflict of Interest of any Councillor

There were no conflicts of interest submitted to the meeting.


Page No. 6

5. Adoption and Confirmation of the minutes of previous meeting

5.1 Confirmation of the Minutes of the Ordinary meeting of Bayside City Council held on 15 October 2019.

Moved: Cr del Porto Seconded: Cr Evans

That the minutes of the Ordinary meeting of Bayside City Council held on 15 October 2019, as previously circulated, be confirmed as an accurate record of proceedings.

CARRIED

It is noted that Item 5.2 published in the Agenda (Confirmation of the Minutes of the Special Committee of Council Meeting held on 22 October 2019) was dealt with under Reports by Special Committees at Section 9.1 of the Agenda.

5.3 Confirmation of the Minutes of the Special meeting of Bayside City Council held on 23 October 2019.

Moved: Cr Heffernan Seconded: Cr del Porto

That the minutes of the Special meeting of Bayside City Council held on 23 October 2019, as previously circulated, be confirmed as an accurate record of proceedings.

CARRIED


Page No. 7

6. Public Question Time

In accordance with Section 64 of Council’s Governance Local Law No 1, 15 public questions were submitted to the Meeting. In accordance with Section 64 part 15 where a questioner is not present in the Chamber at the time of Public Question Time, the question and response will not be read out at the meeting or recorded in the minutes.

1. Mr Peter Boyle (present in the Chamber)

Mr Boyle’s question related to the Pavilion Redevelopment at Banksia Reserve, and he asked:

In respect of the above please advise:

a) By year and total for the project the Budget and Actual for : Funding (showing amounts for Council and each Contributor separately) and Expenditure.

b) Council papers for the 15 October meeting of Council reported that in respect of the above Beaumaris Sports Club Pty. Ltd. currently owes Council $1.3 million and this will increase to $1.533 million which the Company states it cannot repay. Where is this debt included in the Financial Statements as at the year end 30 June 2019?

Response from the CEO

a) The response to part a) of the question is based on tabulated data, which will be included in your letter of response.

b) Council at its meeting on the 21 May 2019 agreed to defer the requirement for the Beaumaris Sports Club to meet its funding obligation under the terms of the lease and therefore no receivable was required to be raised or disclosed in the 30 June 2019 Financial Statements.

2. Mr Peter Boyle (present in the Chamber)

Mr Boyle second question related to Council’s Annual Accounts as at 30 June 2019 Receivables, and he asked:

a) Note 3.2 of the Annual Financial Report shows Parking fines for the year as $4.140 million ; note 5.1(c) shows Parking Infringement Debtors of $3.849 million which is 93% of fines for the year, with a Provision for Doubtful Debts of $2.372 million. Please advise as at end October 2019 the value of Fines for the year to date; the amount of Debtors as at end October.

b) Non Statutory Receivables total $1.605 million as against $3.312 million for the prior year, yet amounts past 60 days due are $812 thousand compared with $222 thousand for the prior year, while the Provision for Doubtful Debts as at end June 2019 is $66 thousand. Please advise the amount and number of Debtors as at that date which remain unpaid, showing such by ageing.


a) Parking Infringements revenue for the period 1 July to 31st October 2019 was $1.3M, with a related movement in the parking infringement debtors of $290,000, resulting in a debtor balance of $4.1M as at 31st October 2019.


Page No. 8

b) The balance of non-statutory receivables as at 31st Oct is $1.52M, with $800,000 outstanding for more than 60 days. These amounts are outstanding contributions for the Elsternwick Park Development, with Council currently liaising with the Contributors to seek payment of these amounts.

Council reviewed the provision as at end of October 2019, in accordance with AASB 9, as there is no expected loss, Council has not increased the provision.

Again, further details will be provided in tabulated form in your letter of response.

3. Mr John Quinn (present in the Chamber)

Mr Quinn’s question related to car parking at Well Street, Brighton, and he asked:

Will Council confirm that it has no intention of erecting a multi-level car park on the properties known as 5 & 7 Well Street under any circumstances and undertake to ensure that should the subject properties be rezoned that any rezoning will be subject to an overriding condition that the erection of a multi-level car park will be prohibited.


Council has no current plans to construct a multi-deck car park at 5-7 Well Street, Brighton. Council has committed budget to construct an at-grade car park only, and Council is not proposing to restrict future development outcomes at the site.

4. Ms Denise Kinnon (not present in the Chamber)

Ms Kinnon’s question related to car parking at 5-7 Well Street, Brighton and given Ms Kinnon was not present in the Chamber, the public question will be dealt with via correspondence.

5. Mrs Elizabeth Neal (present in the Chamber)

Mrs Neal’s question related to rates collected for Well Street, Brighton, and she asked:

Why will Council not consider using some of the rates collected in Well Street to enhance the residential amenity as has been done in Willansby Avenue, North Brighton?


Rate revenue is raised annually across the municipality to fund Council’s operating services and capital priority projects and is not tied to where the rates were paid.

Many services, like street sweeping and bin collections are done on a routine or cyclic basis, while other services and projects are based on need and will be completed at discrete locations, for example street tree replacements are completed when the trees’ health has declined or they can no longer be appropriately maintained.


Page No. 9

6. Mr Howard Grant (present in the Chamber)

Mr Grant’s question related to the use of 5-7 Well Street, Brighton, and he asked:

In regard to the proposed rezoning of lots 5 and 7 Well Street do the Council know that if they find a way to keep the residential zoning of those blocks of land, that the objections from local residents will be largely resolved and the council will be able to get on with their car park?


Council has committed budget to construct a car park at 7 Well Street and is currently going through the process to rezone the land to the Public Use Zone to facilitate the car park. Council is awaiting receipt of a report from the independent Planning Panel appointed to consider submissions to the amendment. Council is expected to consider any recommendations made by the Panel at the February Ordinary Meeting in 2020, with submitters provided advanced notice of that meeting.

7. Mrs Janis Reeves (present in the Chambers)

Mrs Reeves’ question related to zoning for 3 Well Street, Brighton, and she asked:

Does the Council have plans to rezone 3 Well St Brighton?


Council does not have any current plans to rezone 3 Well Street in Brighton.

8. Mr George Reynolds (present in the Chambers)

Mr Reynolds’ question related to Council’s Mid Century Modern Heritage Study, and he asked:

In relation to the Mid Century Modern Heritage Study dated October 2019, would Council advise:

a) where in the 2018/19 budget or the 2019/20 budget was the cost of this study established, and

b) by what sum was the established budget amount exceeded or under spent?

Response from the Mayor

a) The expert report prepared informing Council’s consideration for mid-century modern properties through a voluntary process is being funded through Council’s Urban Strategy operational budget.

b) The sum of the study was informed by the market when Council advertised its request for quotation document. As a result, the budget allocated to the project aligned with the market cost of the work.


Page No. 10

9. Mr George Reynolds (present in the Chambers)

Mr Reynolds second question related to the North Point Café proposal, and he asked:

In relation to the proposal to enter a lease to refurbish or redevelop the North Point Cafe,

a) where is this development proposal shown in the Source of Funds document in the 2020/21 Budget and Plan, and

b) what lawful authority is Council using to delegate its responsibility under s190 of the LGA to the Director, Corporate Services and Council's Valuer?


a) Council has not yet made a decision in relation to the lease. The tenant will fully fund

the proposal, the timing of which is subject to a decision on the lease and any planning

processes being successfully completed.

b) Council has not, and is not proposing to, delegate any of its powers, functions or duties

under s 190 of the Local Government Act 1989 to its Director, Corporate Services or

Council’s Valuer. Rather, it is proposed that Council will resolve to:

i. enter into the lease with the tenant;

ii. authorise its Director, Corporate Services to give effect to that resolution by

executing the lease on Council’s behalf; and

iii. authorise its Valuer to determine the rent to be charged under the lease.

Council’s Director, Corporate Services and Council’s Valuer will, then, be giving effect to Council’s resolution, not exercising any delegated powers, functions or duties.

10. Mr Jamie Paterson (present in the Chambers)

Mr Paterson’s question related to Council’s Mid Century Modern Heritage Study, and he asked:

a) In reference to the report titled "Mid-Century Modern Heritage Study—Council-owned Places" (October 2019), could Council please confirm if a heritage citation was prepared for the "Beaumaris Memorial Community Centre", referenced therein as was prepared for the other places recommended for inclusion in the Bayside Heritage Overlay as listed in Appendix A—Assessment Findings and Table 1 of 3.2 Preliminary findings?

b) Further, if such a citation was prepared, could Council please explain why it was excluded from the report published for the Ordinary Council Meeting agenda for Tuesday 19 November?


a) Council’s consultants have assessed the Beaumaris Memorial Community Centre for its potential heritage significance, excluding the Arts Group building. The consultant’s recommendation was to include the site into one citation and include various elements of the site as contributory.

b) Given the current projects to redevelop the Arts Group building and the pavilion at the site, Council requires further time to understand the implications of any potential heritage listing at the site on these current projects.

Council will receive a report at its February 2020 Ordinary Meeting in relation to Beaumaris Reserve, at which point the citation will be made publicly available.


Page No. 11

11. Mr Hanna Elmouallem (present in the Chamber)

Mr Elmouallem’s question related to parking at Church Street, Brighton and he asked:

a) I was advised that the unrestricted off-street parking lot located at 39R Church Street Brighton Vic, 3186 is owned by Bayside City Council. Can you please confirm if the ownership and use of the land as stated above are correct?

b) Can you please advise if other off-street public lots within the Church Street Centre are available for unrestricted parking?


a) Yes. That is correct.

b) Yes, there is one other small unrestricted lot with entry off Carpenter Street.

12. Mr Hanna Elmouallem (present in the Chamber)

Mr Elmouallem second question related to parking at Church and St Andrews Streets, and he asked:

Can you please confirm if any on-street car parking spaces will be lost permanently as a result of the works proposed for the Church and St Andrews Streets roundabout.


As noted in the report pertaining to Item 10.9 on this Agenda, based on the officers’ recommendation, there will be no loss of on-street parking spaces.

13. Mr David Conomy (present in the Chamber)

Mr Conomy’s question related to the Beaumaris Art Group Building, and he asked:

I refer to a councillor’s prior statements suggesting that the reason the Art Group Building was not put forward for heritage assessment was because it had not previously been identified in a council heritage study. In light of the recently tabled heritage study into council owned buildings which recommends the Art Group Building for inclusion in the local heritage overlay, can the council confirm that they intend to act on the advice of independent experts, or do they only act on advice which is deemed to be convenient?


As previously stated, the current projects to redevelop the Arts Group building and the pavilion at Beaumaris Reserve to fit current and future community needs, Council requires further time to understand the implications of any potential heritage listing at the site on these current projects.

Council will receive a report at its February 2020 Ordinary Meeting in relation to Beaumaris Reserve.


Page No. 12

14. Ms Jackie Fish (present in the Chamber)

Ms Fish’s question related to Ricketts Point Tea Cafe, and she asked:

a) Why wasn't the refurbishment project for the Ricketts Point Tea House put out to tender

b) Why was this significant building designed by local architect John Baird not considered for the heritage study?


a) Council is not tendering the refurbishment of the Ricketts Point Tea House. Direct negotiation with the current commercial tenant has been undertaken in accordance with Council Lease and Licence Policy 2018. As part of the proposal to lease the tenant is seeking to refurbish the building.

b) Council resolved at its 25 June 2019 Ordinary Meeting not to consider the Ricketts Point Tea House for its potential heritage value given the building was constructed in 1984 and does not present any common characteristics associated with a mid-century modern building.

15. Mr Robert Harwood (present in the Chamber)

Mr Harwood’s question related to the Beaumaris Art Group Building, and he asked:

Why has the Art Group Building been excluded from the Mid-Century Modern Council owned Places Report and Citations 2019 when the report authors say it should be considered? Why is it not mentioned on p.8 when all other buildings in the precinct are including the tennis club house? Has this report been redacted by Council Officers?


Council’s consultants have assessed the Beaumaris Memorial Community Centre for its potential heritage significance, excluding the Arts Group building.

The consultant’s recommendation was to include the site into one citation and include various elements of the site as contributory.

Given the current projects to redevelop the Arts Group building and the pavilion at the site, Council requires further time to understand the implications of any potential heritage listing at the site on these current projects.

Council will receive a report at its February 2020 Ordinary Meeting in relation to Beaumaris Reserve, at which point the citation will be made publicly available.


Page No. 13

7. Petitions to Council

7.1 PETITION TO DECLARE A CLIMATE EMERGENCY AND RESPOND WITH AN APPROPROATE ACTION PLAN

Corporate Services - Governance File No: PSF/19/960 – Doc No: DOC/19/299238

Petition from residents requesting Council to declare a climate emergency and respond with an appropriate action plan (2,268 petitioners).

“We the undersigned hereby petition Bayside City Council to declare a Climate Emergency and respond to this emergency with an appropriate Action Plan.”

Petition Requirements

The submitted petition containing 2268 signatures meets the required format of a petition in accordance with Council’s Governance Local Law No: 1 Clause 65. In addition to the petition received, a number of on-line signatories were also received.


That the petition be received and dealt with in conjunction with the report to be submitted to the December 2019 Ordinary Meeting of Council which will deal with the Response to Notice of Motion No: 287 - Proposed Revision of Climate Change Strategy.

CARRIED


Page No. 14

7.2 PETITION TO SAVE BEAUMARIS ART GROUP STUDIOS


Petition from residents requesting Council to Save Beaumaris Arts Group Studios (980 petitioners).

“We the undersigned hereby petition Bayside City Council to:

a. include the Beaumaris Art Group Studios building for heritage assessment in its current Mid-Century Modern Voluntary Heritage Nomination scheme;

b. include the Beaumaris Memorial Community Centre precinct (incorporating all the buildings, open space & RSL Cenotaph) for assessment as a precinct or significant place in its current Mid-Century Modern Voluntary Heritage Nomination scheme; and

c. consider a less wasteful, less expensive adaptive reuse approach then demolition, and upgrade the existing building with a western extension that incorporates a gallery / new storage areas / further kiln space and additional classroom area.”

Petition Requirements

The submitted petition containing 980 signatures meets the required format of a petition in accordance with Council’s Governance Local Law No: 1 Clause 65.

Moved: Cr Evans Seconded: Cr del Porto

That the petition be received and be dealt with in conjunction with Item 10.4 on this Agenda, (relating to: Mid-century Modern Heritage Voluntary Nomination Process).

CARRIED


Page No. 15

8. Minutes of Advisory Committees

8.1 ASSEMBLY OF COUNCILLORS RECORD


Moved: Cr Grinter (Deputy Mayor) Seconded: Cr Long

That Council notes the Assembly of Councillor records submitted as required by the Local Government Act 1989:

1 October 2019 Councillor Briefing (correction to Assembly of Councillor record submitted to the October Ordinary Meeting of Council);

29 October 2019 Strategic Issues Discussion; and

6 November 2019 Councillor Briefing.

CARRIED


Page No. 16

9. Reports by Special Committees

9.1 MINUTES OF THE SPECIAL COMMITTEE OF COUNCIL HELD ON 22 OCTOBER 2019 TO HEAR SUBMISSIONS IN RELATION TO: INTENTION TO LEASE NORTH POINT CAFÉ (2B NORTH ROAD, BRIGHTON)


Moved: Cr del Porto Seconded: Cr Castelli

That Council notes the Minutes of the Special Committee of Council held on 22 October 2019 to hear submissions in relation to the Intention to Lease North Point Café (2B North Road, Brighton).

CARRIED


Page No. 17

10. Reports by the Organisation

REQUESTS TO BE HEARD: In accordance with Council’s Governance Local Law No.1 Clause 69, the following individuals were granted three minutes each to speak to an item indicated below:

Item 10.1 Proposal to redevelop and enter into a 21 year lease at Ricketts Point

Tea House, Beaumaris

1. Mr David Rothfield (via proxy, Ms Sarah Lawson)

2. Mr Renato Poci

3. Ms Jill Whyte

4. Mr Robert Harwood

5. Ms Elizabeth Jensen

6. Mrs Fiona Austin

7. Mr Ken Beadle

Item 10.4 Mid-Century Modern Heritage Voluntary Nomination Process

1. Mr Neill Wiffin

2. Mrs Fiona Austin

3. Mrs Mary Larsen

4. Ms Catherine Rayson (via proxy, Mr Robert Harwood)

5. Mr David Richards

6. Mrs Margaret Burgess (via proxy, Mrs Mary Larsen)

7. Mr Mike Stone (via proxy, Mr David Richards)

8. Mr Joe Mottola

9. Mrs Caroline Lawton

10. Mr George Reynolds

11. Mrs Fiona Marshall

12. Mrs Sarah Allison

13. Miss Zoe Allison

14. Miss Lucy Allison

15. Mr Jamie Paterson

16. Mrs Suzana Zambiasi

17. Mrs Silke Davis

18. Mr Llewellyn Griffiths

19. Miss Chloe Johnson

20. Ms Nicole Cook

21. Mr Marc Gibson

22. Ms Keara Foley

23. Mr Peter Corfield

24. Mr Ashely del Corral

25. Mr Michael Vergura (via proxy, Mr Peter Corfield)


Page No. 18

Item 10.6 Proposal to demolish the buildings associated with the old golf course

at elsternwick park nature reserve

1. Mr Geoff Love

2. Dr Jo Samuel-King

Item 10.9 Response to Notice of Motion 282 - Roundabout Works at Church, St

Andrews, Bay and Cochrane Streets, Brighton

1. Mr Hanna Elmouallem

Item 10.10 Domestic Animal Management Plan Annual Progress Report

1. Ms Amanda Levi

Item 10.12 Contract 11207A – Extension of Hard Waste Collection Contract –

Selkrig Enterprises Pty Ltd


Item 10.15 2019/2020 - July-September 1st Quarter Performance Report



Page No. 19

10.1 PROPOSAL TO REDEVELOP AND ENTER INTO A 21 YEAR LEASE AT RICKETTS POINT TEA HOUSE, BEAUMARIS

Corporate Services - Commercial Services File No: PSF/19/965 – Doc No: DOC/19/295075

It is recorded that Mr David Rothfield (via proxy, Ms Sarah Lawson), Mr Renato Poci, Ms Jill Whyte, Mr Robert Harwood, Ms Elizabeth Jensen, Mrs Fiona Austin and Mr Ken Beadle each spoke for three minutes in relation to this item.


That Council:

1. Does not increase the level of external lighting on and immediately adjacent to the Ricketts Point Tea House.

2. Conducts an environmental impact and safety study on the current Ricketts Point carpark and adjacent area to determine a wildlife friendly approach to the provision of lighting.

3. Commence the statutory procedures under Sections 190 and 223 of the Local Government Act 1989 to lease Ricketts Point Tea House at 407C Beach Road to the current tenant on the below terms:

Purpose: Restaurant / Cafe and Kiosk

Commencement Date: Date upon which construction commences

Term: 21 years

Base Rent: To be determined by Council’s Property Valuer

Turnover Rent: 7.5% of gross turnover that exceeds 12.5 times the base rent.

Rental Escalation: Consumer Price Index Melbourne All Groups (CPI)

Rent Free Period: 1 year

Hours of Operation: 7:00am – 11:30pm

Liquor Licence: 11:00am - 11:30pm.

4. Directs that under Section 190 and 223 of the Local Government Act 1989, public notices of the proposals to lease the Ricketts Point Tea House at 407C Beach Road be given.

5. Authorises the Director Corporate Services to undertake the administrative procedures necessary to enable Council to carry out its functions under section 223 of the Act in relation to the lease proposal.

6. In the event a submission is received, convene a Section 223 Special Committee of Council meeting on Wednesday 26 February 2020 commencing at 7:30pm at the Council Chambers, Boxshall Street, Brighton to hear any submitters that wish to be heard.

7. Receive a further report after the completion of the above statutory processes, and the environmental impact and safety study, in order for Council to consider and make a decision about whether to grant the lease described in clause 1 above.

CARRIED


Page No. 20

10.2 PROPOSAL TO ENTER INTO A 20 YEAR LEASE OVER THE MINI GOLF FACILITY AT 20 WANGARA ROAD SANDRINGHAM



That Council:

1. Commence the statutory procedures under Sections 190 and 223 of the Local Government Act 1989 to lease Part of 20 Wangara Road, Sandringham to the current tenant on the below terms:

Proposed Use: For the primary purpose of providing mini golf services and for restaurant/café and other ancillary use

Commencement Date: 1 October 2019

Term: 10 years

Option for further term: 5 years + 5 years

Expiry Date: 30 September 2039

Proposed Rent Free Period: 1 October 2019 – 1 January 2027

Rental Escalation: CPI to be implemented annually on 1 January after 2027.

2. Directs that under Section 190 and 223 of the Local Government Act 1989, public notices of the proposals to lease Part of 20 Wangara Road, Sandringham be given.

3. Authorises the Director Corporate Services to undertake the administrative procedures necessary to enable Council to carry out its functions under section 223 of the Act in relation to the lease proposal.

4. In the event a submission is received, convene a Section 223 Special Committee of Council meeting on Wednesday 5 February 2020 commencing at 6:30pm at the Council Chambers, Boxshall Street Brighton to hear any submitters that wish to be heard.

5. Receive a further report after the completion of the above statutory processes, in order for Council to consider and make a decision about whether to grant the lease described in clause 1 above.

CARRIED


Page No. 21

10.3 PROPOSAL TO REDEVELOP AND ENTER INTO A 21 YEAR LEASE AT NORTHPOINT CAFE, BRIGHTON


Moved: Cr del Porto Seconded: Cr Heffernan

That Council:

1. Authorises the Director Corporate Services to execute a lease with the tenant of North Point Café (2b North Road, Brighton) on the following terms:

Term: 21 Years

Base Rent: to be determined by Councils Valuer

Turnover Rent: 7.5% of turnover that exceeds 12.5 times the Base Rent.

Rent Escalation: C.P.I Melbourne All Groups.

Hours of Operation:

Monday to Wednesday 7:00am to 9:30pm

Thursday 7:00am to 10:00pm

Friday 7:00am to 11:00pm

Saturday 7:00am to 11:00pm

Sunday 7:00am to 10:00pm

Public Holidays 7:00am to 11:00pm

Public Holiday Eves 7:00am to 11:00pm.

2. In the event the tenant is unable to obtain a planning permit for the demolition, rebuild and/or amendment to the liquor licence, authorise officers to negotiate a refurbishment of the existing building on the terms set out in point 1 of this resolution with final approval being at the sole discretion of the Director of Corporate Services.

The Motion was PUT and a DIVISION was called: DIVISION: FOR: Crs Laurence Evans, Alex del Porto, Michael Heffernan, Clarke

Martin (Mayor) and Rob Grinter (Deputy Mayor) (5) AGAINST: Crs James Long and Sonia Castelli (2)

CARRIED


Page No. 22

10.4 MID-CENTURY MODERN HERITAGE VOLUNTARY NOMINATION PROCESS

City Planning & Amenity - Urban Strategy File No: PSF/19/954 – Doc No: DOC/19/293637

It is recorded that Cr Grinter (Deputy Mayor) left the Meeting at 8:29 pm and re-entered the Chamber at 8:32 pm. It is recorded that Mr Neill Wiffin; Mrs Fiona Austin; Mrs Mary Larsen; Ms Catherine Rayson (via proxy, Mr Robert Harwood); Mr David Richards; Mrs Margaret Burgess (via proxy, Mrs Mary Larsen); Mr Mike Stone (via proxy, Mr David Richards); Mr Joe Mottola; Mrs Caroline Lawton (via proxy Ms Annie Price); Mr George Reynolds; Mrs Fiona Marshall; Mrs Sarah Allison; Miss Zoe Allison; Miss Lucy Allison; Mr Jamie Paterson; Mrs Suzana Zambiasi; Mrs Silke Davis; Mr Llewellyn Griffiths; Miss Chloe Johnson; Ms Nicole Cook; Mr Marc Gibson; Ms Keara Foley; Mr Peter Corfield; Mr Ashely del Corral and Mr Michael Vergura (via proxy, Mr Peter Corfield) each spoke for three minutes in relation to this item.


That Council:

1. Request the Minister for Planning use his powers pursuant to Section 20(4) of the Planning and Environment Act 1987 to approve a planning Scheme amendment to include the properties at Attachment 1 within the Heritage Overlay.

2. With land owner consent, nominates 33 Clonmore Street, Beaumaris for consideration for the Victorian Heritage Register.

3. Receives a report at its February 2020 Council meeting in relation to potential heritage protection at Beaumaris Reserve but not the Beaumaris Soccer pavilion, including options to minimise any delays to the redevelopment of the Arts Group building.

4. Excise the Beaumaris Soccer Pavilion from the potential heritage Precinct, and continues with the detailed design of the Soccer Pavilion, with the design to be sympathetic with the Broader precinct.

5. Receives a report reviewing the voluntary nomination process following the gazettal of heritage controls outlined in this report.

6. Authorises the Manager Urban Strategy to make any required editorial changes to planning scheme amendment documents, including citations.

Procedural Motion

Moved Cr del Porto Seconded Cr Evans

That Cr Grinter be granted a one minute extension of time to debate.

CARRIED


Page No. 23

Moved Cr Evans Seconded Cr del Porto That Cr Evans seeks leave to amend part 3 of the motion with the deletion of the following words shown below:

including options to minimise any delays to the redevelopment of the Arts Group building.

CARRIED The Motion before the Chair is as follows: That Council:

1. Request the Minister for Planning use his powers pursuant to Section 20(4) of the Planning and Environment Act 1987 to approve a planning Scheme amendment to include the properties at Attachment 1 within the Heritage Overlay.

2. With land owner consent, nominates 33 Clonmore Street, Beaumaris for consideration for the Victorian Heritage Register.

3. Receives a report at its February 2020 Council meeting in relation to potential heritage protection at Beaumaris Reserve but not the Beaumaris Soccer pavilion.

4. Excise the Beaumaris Soccer Pavilion from the potential heritage Precinct, and continues with the detailed design of the Soccer Pavilion, with the design to be sympathetic with the Broader precinct.

5. Receives a report reviewing the voluntary nomination process following the gazettal of heritage controls outlined in this report.

6. Authorises the Manager Urban Strategy to make any required editorial changes to planning scheme amendment documents, including citations.

The Motion was PUT and a DIVISION was called: DIVISION: FOR: Crs Laurence Evans, Alex del Porto, James Long, Michael

Heffernan, Clarke Martin (Mayor), Sonia Castelli and Rob Grinter (Deputy Mayor) (7)

AGAINST: Nil (0)

CARRIED


Page No. 24

10.5 RESPONSE TO NOTICE OF MOTION 286 - UNDERGROUNDING OF POWERLINES

City Planning & Amenity - Development Services File No: PSF/19/962 – Doc No: DOC/19/294995


That Council:

1. Note the use of planning permit conditions on residential developments to assist in the removal of overhead power lines.

2. Receives a further report at the March 2020 Ordinary Meeting of Council that further considers the costs and benefits and potential approach to undergrounding overhead electricity powerlines, with a focus on:

a. within public open space;

b. to single street lights;

c. in residential streets; and

d. in activity centres.

CARRIED


Page No. 25

10.6 PROPOSAL TO DEMOLISH THE BUILDINGS ASSOCIATED WITH THE OLD GOLF COURSE AT ELSTERNWICK PARK NATURE RESERVE

Environment, Recreation & Infrastructure - Open Space, Recreation and Wellbeing File No: PSF/19/11 – Doc No: DOC/19/284488

It is recorded that Cr Castelli left the Meeting at 10:32 pm and returned to the Meeting at 10:35 pm. It is recorded that Mr Geoff Love and Dr Jo Samuel-King each spoke for three minutes in relation to this item.

Moved: Cr Grinter (Deputy Mayor) Seconded: Cr del Porto

That Council demolishes the two buildings associated with the former golf course at Elsternwick Park Nature Reserve and allocates $80,000 in 2019/20 for this work.

CARRIED


Page No. 26

10.7 COUNCIL’S COMMITMENT TO ZERO AVOIDABLE SINGLE USE PLASTICS IN ALL COUNCIL OWNED PROPERTIES

Environment, Recreation & Infrastructure - Sustainability and Transport File No: PSF/19/955 – Doc No: DOC/19/296305


That Council:

1. Commence a pilot program to engage with a local sporting club, a community group and a hospitality venue with leases in Council-owned facilities to help them understand their single-use plastics usage, reduce, and potentially eliminate their avoidable plastic waste and define what is included in the single-use plastic elimination program.

2. Note that the consultative approach to single-use plastics use in Council-owned properties will not achieve the initial date of 30 June 2020, but will result in a more sustainable and accepted approach to the elimination of avoidable single-use plastic.

CARRIED


Page No. 27

10.8 TOWARDS CARBON NEUTRALITY USING CARBON OFFSETS

Environment, Recreation & Infrastructure - Environment File No: PSF/19/955 – Doc No: DOC/19/289678


That Council supports all carbon offsets purchased at high relative cost (ie: $15.00 to $20.00) and based on emissions in 2018/19, allocate $172,880 in the 2020/21 budget for greenhouse gas emissions using National Carbon Offset Standard certified carbon offsets.

The Motion was PUT and a DIVISION was called: DIVISION: FOR: Crs Laurence Evans, Alex del Porto, James Long, Michael

Heffernan, Clarke Martin (Mayor) and Sonia Castelli (6) AGAINST: Cr Rob Grinter (Deputy Mayor) (1)

CARRIED


Page No. 28

Procedural Motion

Moved Cr del Porto Seconded Cr Long

That the Ordinary Meeting of Council be extended for a 30 minute period.

CARRIED It is recorded that the Meeting was extended for a period of 30 minutes at 11.00pm.

10.9 RESPONSE TO NOTICE OF MOTION 282 - ROUNDABOUT WORKS AT CHURCH, ST ANDREWS, BAY AND COCHRANE STREETS, BRIGHTON

Environment, Recreation & Infrastructure - Sustainability & Transport File No: PSF/19/955 – Doc No: DOC/19/289488

It is recorded that Mr Hanna Elmouallem spoke for three minutes in relation to this item.

Moved: Cr del Porto Seconded: Cr Heffernan

That Council:

1. Installs at grade pedestrian crossings at the intersections of Church Street / St Andrews Street and Bay Street / Cochrane Street, Brighton as the preferred design solution.

2. Notes that the construction impact associated with installing at grade pedestrian crossings is significantly less than installing raised pedestrian crossings at the roundabouts.

CARRIED


Page No. 29

10.10 DOMESTIC ANIMAL MANAGEMENT PLAN ANNUAL PROGRESS REPORT

City Planning & Amenity - Amenity Protection File No: FOL/19/374 – Doc No: DOC/19/296270

It is recorded that Ms Amanda Levi spoke for three minutes in relation to this item.

Moved: Cr Evans Seconded: Cr Heffernan

That Council:

1. Notes the annual review of the progress made against the year two actions of Council’s

Domestic Animal Management Plan 2017 – 2021.

2. Notes that the Domestic Animal Management Plan 2017 – 2021 will be adjusted to

include actions to improve access to open space and to review enforcement for local hot spots.

3. Receives a report at the February Ordinary Council meeting on proposed community

engagement for the dog off leash feasibility study.

CARRIED


Page No. 30

10.11 FORESHORE PARKING PERMIT POLICY PERIODIC REVIEW

City Planning & Amenity - Amenity Protection File No: FOL/19/374 – Doc No: DOC/19/296269


That Council:

1. Defers a full review of the Foreshore Parking Permit Policy until after a municipal-wide parking strategy has been adopted by Council.

2. Approves the Foreshore Parking Permit Policy which has had a minor review of administrative matters which do not materially change the current Policy or its intent.

CARRIED


Page No. 31

10.12 CONTRACT 111207A - EXTENSION OF HARD WASTE COLLECTION CONTRACT - SELKRIG ENTERPRISES PTY LTD

Environment, Recreation & Infrastructure - Sustainability and Transport File No: PSF/19/955 – Doc No: DOC/19/253565

It is recorded that Mr George Reynolds spoke for three minutes in relation to this item.

Moved: Cr Heffernan Seconded: Cr del Porto

That Council authorises the Chief Executive Officer or his delegate to extend the current Hard Waste and Bundled Branches Collection Contract No. 111207A for hard waste and bundled branches collections for the period 5 March 2020 to 4 March 2021 and execute this in accordance with the terms and conditions of the current contract.

CARRIED


Page No. 32

10.13 CONTRACT CON/19/79 CONSTRUCTION OF AW OLIVER RESERVE PAVILION

Environment, Recreation & Infrastructure - City Assets & Projects File No: PSF/19/966 – Doc No: DOC/19/271169

Moved: Cr Castelli Seconded: Cr del Porto

That Council:

1. Awards Contract CON/19/79 Construction of AW Oliver Reserve Pavilion to Bowden

Pty Ltd for the lump sum price of $2,354,763.00 (excl. GST) and $2,590,239.30 (incl

GST).

2. Authorises the Chief Executive Officer to sign all necessary documentation related to

Contract CON/19/79 Construction of AW Oliver Reserve Pavilion.

3. Advises the unsuccessful tenderers accordingly.

CARRIED NOTE: Item 10.13 was CARRIED as part of a block motion.


Page No. 33

10.14 CONTRACT CON/19/81 DESTRUCTOR RESERVE PAVILION REDEVELOPMENT CONSTRUCTION

Environment, Recreation & Infrastructure - City Assets & Projects File No: PSF/19/966 – Doc No: DOC/19/271175

Moved: Cr Castelli Seconded: Cr del Porto

That Council:

1. Awards Contract CON/19/81 Destructor Reserve Pavilion Redevelopment Construction

to FIMMA Constructions Pty Ltd for the lump sum price of $1,152,086 (excl. GST) and

$1,267,295 (including GST).

2. Authorises the Chief Executive Officer to sign all necessary documentation related to

Contract CON/19/81 Destructor Reserve Pavilion Redevelopment Construction.

3. Advises the unsuccessful tenderers accordingly.

CARRIED NOTE: Item 10.14 was CARRIED as part of a block motion.


Page No. 34

10.15 2019/2020 - JULY-SEPTEMBER 1ST QUARTER PERFORMANCE REPORT


It is recorded that Mr George Reynolds spoke for three minutes in relation to this item.

Moved: Cr del Porto Seconded: Cr Castelli

That Council notes the 1st Quarter (July – September) Performance Report.

CARRIED


Page No. 35

10.16 COUNCIL ACTION AWAITING REPORT


Moved: Cr Grinter (Deputy Mayor) Seconded: Cr del Porto

That Council notes the Council Action Awaiting Report.

CARRIED


Page No. 36

11. Reports by Delegates

1. Association of Bayside Municipalities – Cr Laurence Evans indicated that there was nothing further to report since the previous meeting.

2. MAV Environment Committee – Director Environment, Recreation & Infrastructure reported that a meeting was held on 14 November 2019 which was attended by Council’s Coordinator Environmental Sustainability. The Meeting received a number of updates relating to:

Update on implementation of Biodiversity 2037 by DELWP;

Sugarloaf Link – a Biodiversity Response Planning Project by Nillumbik Shire Council. (Sugarloaf Link is a biodiversity conservation project. It seeks to control deer, foxes and weeds on private and public land to enhance connected habitat for threatened plants and animals); and

Local Government Power Purchase Agreement – presentation by MAV Procurement and similar to the Power Purchase Agreement that Council is participating in.

3. Metropolitan Transport Forum – Director Environment, Recreation & Infrastructure reported that a meeting was held on 6 November and was attended by Council’s Coordinator of Transport Planning. The main presentations at the Forum included:

Secretary Department of Transport presented on the role and organisational structure of the newly formed department and the contact points for local government; and

MTF Strategic Public Transport Advocacy items o Bus forum follow up, letters to state politicians o State budget submission o Follow up from presentation by Hon Melissa Horne, Minister for Public

Transport.

4. Municipal Association of Victoria – Cr Alex del Porto indicated that the MAV have not had a meeting since the October State Council Meeting.

5. Inner South Metropolitan Mayors’ Forum – The Mayor Cr Clarke Martin indicated that he has not yet attended a meeting of the ISMMF.

6. Metropolitan Local Government Waste Forum – The Mayor Cr Clarke Martin indicated that he attended the Waste Forum on Thursday 14 November 2019. A presentation was provided on the illegal dumping waste and the action taken by some Council’s by way of CCTV cameras.


That the Reports by Delegates be received and noted.

CARRIED


Page No. 37

12. Urgent Business

There were no items of Urgent Business submitted to the meeting.

13. Notices of Motion

There were no Notices of Motion submitted to the meeting.

14. Confidential Business

Moved: Cr Grinter (Deputy Mayor) Seconded: Cr Evans

That pursuant to Section 89(2) of the Local Government Act 1989, the Council resolves that so much of this meeting be closed to members of the public, as it involves Council consideration of matters coming within some or all of the following categories listed in Section 89(2) of such Act.

(a) Personnel matters; (b) The personal hardship of any resident or ratepayers; (c) Industrial matters; (d) Contractual matters; (e) Proposed developments; (f) Legal advice; (g) Matters affecting the security of Council property; (h) Any other matter which the Council or Special Committee considers would

prejudice the Council or any person; (i) A resolution to close the meeting to members of the public.

CARRIED

Table of Contents

14.1 MINUTES OF THE CHIEF EXECUTIVE OFFICER'S EMPLOYMENT MATTERS COMMITTEE HELD ON 21 OCTOBER 2019 (LGA 1989 Section 89(2)(a) and (d) personnel matters and contractual matters.)

It is recorded that the public gallery was vacated to enable Council to consider the above listed item in Confidential Business. Following consideration of Confidential Business, the Chairperson declared the meeting closed at 11:22pm.

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Minutes of Ordinary Council Meeting - 19 00 2019...Karen Brown – Governance Coordinator Bayside...

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